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Help & SupportChapter 6-3: Trash, Recyclables and Compostables11
The purpose of this chapter is to protect the public health, safety and welfare by regulating the accumulation and storage of trash, recyclables and compostables; and to prevent conditions that may create fire, health or other safety hazards; harbor pests; or impair the aesthetic appearance of neighborhoods. The provisions of this chapter are intended to help ensure that trash, recyclables and compostables are disposed of in an appropriate and timely manner, that such materials are properly screened and to support waste reduction programs that promote recycling and composting.
Ordinance No. 7585 (2008)
The definitions in chapter 1-2, "Definitions," B.R.C. 1981, shall apply to this chapter, including, without limitation, the definitions of compostables, hauler, recyclable materials, trash, trash container, visible to the public and wildlife-resistant container.
The following terms used in this chapter have the following meanings unless the context clearly indicates otherwise:
Person shall have the meaning set forth in chapter 1-2, "Definitions," B.R.C., and shall also include, without limitation, owner of any property or vacant land; occupant, owner, operator or manager of any single unit dwelling, multi unit dwelling, mobile home, mobile home park, private club or other similar property; or owner, operator, manager or employee of any business or business property.
(Ordinance Nos. 5293 (1990); 7078 (2000); 7172 (2001); 7585 (2008))
6-3-3 Accumulation of Trash, Recyclables and Compostables Prohibited.
(a) No owner of any vacant land or property; occupant, owner or manager of any single family dwelling or similar property; owner, manager or operator of any multiple family dwelling, private club or similar property; or owner, operator, manager or employee of any commercial or industrial establishment or similar property shall fail to:
(1) Prevent the accumulation of trash, recyclables and compostables that are visible to the public on such property and on the public right of way adjacent to the property; 12
(2) Remove trash, recyclables and compostables located on such property and on the public right of way adjacent to the property;
(3) Remove trash frequently enough so that it does not cause putrid odors on the property.
(4) Remove or repair broken or damaged windows located on such property. However, it shall be an affirmative defense to a violation of this provision that a person is a tenant who, under the terms of the tenancy, is not responsible for the maintenance of that property and who failed to address a particular maintenance issue for that reason;
(5) Remove accumulated newspapers or other periodical publications from such property when such accumulated newspapers or publications are visible to the public and remain so for a period of more than twenty-four hours. It shall be an affirmative defense to any alleged violation of this provision that no more than three such newspapers or periodicals were accumulated for each residential unit or each business entity located on the property and that no newspaper or periodical more than three days old is located on the property; and
(6) Sufficiently bundle or contain recyclable materials so that those materials are not scattered onto the public right of way or onto other properties.
(b) No owner of any property containing one or more rental dwelling units shall fail to maintain in effect a current and valid contract with a hauler providing for the removal of accumulated trash from the property, which contract shall provide for sufficient trash hauling to accommodate the regular accumulation of trash from the property no less frequently than on a biweekly basis.
(c) No property owner or contractor in charge of any construction site or responsible for any construction activity shall fail to:
(1) Prevent trash from being scattered onto the public right of way or onto other properties; and
(2) Ensure that all trash generated by construction and related activities or located on the site of construction projects is picked up at the end of each workday and placed in containers sufficient to prevent such trash from being scattered onto the public right of way or onto other properties.
Ordinance No. 7585 (2008)
No owner or occupant of any single family dwelling; owner or manager of any multiple family dwelling or private club; or owner, operator or manager of any business; or any similar property shall fail to provide at all times one or more trash containers on such property. Such containers shall be of a size sufficient to accommodate the regular accumulation of trash from the property.
Ordinance No. 7585 (2008)
6-3-5 Storage, Disposal and Screening of Trash, Recyclables, Compostables and Specified Other Materials.
((a) No person shall:
(1) Store trash, recyclables and compostables except in containers in a manner so that they are not overflowing, their contents are not scattered by animals, wind or other elements and so that the containers remain closed except when being filled or when opened in order to allow for collection. However, large and unusual items may be stored for collection in the manner set forth in subparagraph (6) below.
(2) Store trash, recyclables and compostables except in containers that are in a location so as to have the minimum possible impact on nearby properties.
(3) Store or locate trash in plastic bags in alleys.
(4) Store trash, recyclables and compostables in a manner that allows putrid odors to emanate from the property.
(5) Store liquids, animal or vegetable oils, gasoline or other petroleum products other than water, unless such liquids are stored in a manner that prevents leakage and are not conspicuously visible from a public street.
(6) Store brush, fence posts, crates, vehicle tires, vehicle bodies or parts, bed mattresses or springs, water heaters or other household appliances, damaged or stored or discarded furniture and other household goods or items, materials recovered from demolition and other stored or discarded objects three feet or more in length, width or breadth, unless such materials are stored in a manner reasonably calculated to prepare them for collection or to conserve them for use on the premises with the minimum possible impact on nearby properties.
(7) Store piles of soil or rocks unless such materials are stored in a manner reasonably calculated to conserve such materials for use on the premises and with the minimum possible impact on nearby properties and in a manner that is not conspicuously visible from a public street.
(8) Place a trash, recycling or composting container on the sidewalk or in the city right of way unless it is placed so as not to impair or obstruct pedestrian, bicycle or vehicular traffic. However, this provision shall not apply to trash, recycling or composting containers placed in a public alley with the authorization of the city manager in order to accommodate efficient collection of trash, recyclables or compostables.
(9) Place a trash, recycling or composting container in a front yard setback or in the public right of way, excepting public alleys, any earlier than 5:00 a.m. on the day on which such materials are scheduled to be collected. All such containers shall be removed from those locations by 9:00 p.m. of the same day.
(10) Place any refrigerator, freezer or other unused appliance in or upon nonsecured portions of a property, including, without limitation, a location awaiting trash or recycling pickup, unless all doors of such appliances are secured or removed so that children cannot be trapped within.
(11) Store trash, recyclables or compostables in such a manner as to constitute or create a fire, health or other safety hazard or harborage for wildlife or pests, including, without limitation, rodents, insects or other animals.
(12) In a RM or RH zone, store any materials intended to be discarded, recycled or composted in a place visible to the public, other than materials contained within trash, recycling or composting containers.
(13) In a RM or RH zone, fail to screen from view from the street, all trash, compostable and recyclable containers, stored on the property that such person owns or occupies, except on collection day. However, it shall not be a violation of this provision if containers for these materials are located in an alley and are visible to the public from a street at the point at which that street intersects with the alley.
(b) Nothing in this section shall be deemed to prohibit any person from keeping building materials on any premises before or during the period of active construction pursuant to a city building permit under chapter 10-5, "Building Code," B.R.C. 1981, nor to prohibit any person from storing any materials used in the operation of a business located in a zone allowing such use. Nor shall this section prohibit any person from maintaining building or landscaping materials on any premises during the period of active use of those materials for a building or landscaping project that does not require a building permit so long as such materials are secured or contained during periods when they are not in use.
Ordinance No. 7585 (2008)
6-3-6 Compost Piles Permitted If Not Nuisance.
(a) Any person may maintain compost piles. Such compost piles shall be in a segregated area and shall contain alternate layers of plant materials maintained to facilitate decomposition and produce organic material to be used as a soil conditioner.
(b) No person who maintains a compost pile shall fail to prevent it from becoming a nuisance due to putrid odors or attraction of wildlife or pests, including, without limitation, rodents, insects or other animals.
Ordinance No. 7585 (2008)
(a) It shall be an affirmative defense to a charge of violating section 6-3-3(a)(1) and (2), and section 6-3-5(a)(1), (2) and (6), B.R.C. 1981, that:
(1) The trash, recyclables or compostables were set out in the vicinity of the curb or the alley for collection by a hauler, and were securely bundled or otherwise securely contained so that they would not be scattered by the wind; or
(2) The compostables were bundled in compliance with section 6-12-4(b)(4), B.R.C. 1981.
(b) It shall be an affirmative defense to a charge of violating section 6-3-3(a), B.R.C. 1981, that such accumulation existed for twelve hours or less and that the person asserting the affirmative defense took affirmative steps to eliminate the accumulated trash, recyclables or compostables as soon as he or she became aware of the existence of the accumulation.
(c) It shall be an affirmative defense to a charge of violating section 6-3-5(a)(1) and (2), B.R.C. 1981, if the person was maintaining a compost pile in conformance with section 6-3-6, "Compost Piles Permitted if Not a Nuisance," B.R.C. 1981.
(d) It shall be an affirmative defense to a charge of violating section 6-3-5(a)(3), B.R.C. 1981 that:
(1) The trash was stored in hauler provided prepaid bags between the hours of 5:00 a.m. and 9:00 p.m. on the day of a regularly scheduled collection from the premises; or
(2) The trash is grass clippings stored for a period of no more than one week prior to the regularly scheduled collection; or
(3) The trash, recyclables or compostables were set out for collection between the hours of 5:00 am and 9:00 pm on the day of a regularly scheduled collection from the premises.
(e) It shall be an affirmative defense to a charge of violating section 6-3-5(a)(7), B.R.C. 1981, that the city manager has failed to give notice for removal of such piles of soil or rocks. Such notice shall allow for a thirty day time period for such removal.
(f) It shall be an affirmative defense to a charge of violating section 6-3-5(a)(8) and (9), B.R.C. 1981, that the trash was set out for collection by the city during an annual or other specially scheduled refuse collection program, and that the trash was of the sort eligible for such collection in accordance with the city's publicized standards for such collection, but only if the trash is set out in the vicinity of the curb for no more than one week before the scheduled collection date, and only if it is contained such that it cannot be scattered, and is not scattered, onto other properties by the elements or by animals.
Ordinance No. 7585 (2008)
6-3-8 City Manager May Require Property Occupant or Owner to Remove Trash, Recyclables or Compostables.
(a) If the city manager finds that any trash, recyclables or compostables exist on any property in violation of this chapter, the manager may, in addition to any other action permitted under this code, request that an owner, occupant, manager, operator or employee responsible for compliance comply with the requirements of this chapter.
(b) The city manager may notify the owner and the occupant, manager, operator, employee or other person responsible for compliance that a violation of the provisions of this chapter is occurring on property for which that person has responsibility. Such notice shall specify a time within which corrections shall be made. Notice under this subsection is sufficient if it is hand delivered or deposited in the mail first class to the last known owner of the property on the records of the Boulder County Assessor and to the last known address of the occupant, manager, operator or employee responsible for compliance.
(c) If the violation is not corrected as required by the notice prescribed by subsection (b) of this section, the city manager may correct the violation by removing the trash, recyclables or compostables and thereafter charge the cost thereof, plus additional administrative costs not to exceed $100.00, to the property owner. A copy of such charge shall be mailed to any other person given notice pursuant to subsection (b) of this section.
(d) If any property owner fails or refuses to pay when due any charge imposed under this section, the city manager may, in addition to taking other collection remedies, certify due and unpaid charges, including interest, to the Boulder County Treasurer to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property are collected as provided by section 2-2-12, "City Manager May Certify Taxes, Charges and Assessments to County Treasurer for Collection," B.R.C. 1981.
Ordinance No. 7585 (2008)
6-3-9 Special Trash Service Requirements on Certain Residential Rental Properties at Certain Times.
(a) The city manager may, by regulation, designate a period of time up to sixteen consecutive days in the second quarter of the calendar year, and up to thirty-five consecutive days in the third quarter of the calendar year, as the periods during which this section is in effect in the special trash service zone.
(b) The special trash service zone constitutes the area included within Ninth Street, Baseline Road, Broadway and Arapahoe Avenue, and the area included within Fifteenth Street, Folsom Avenue, Arapahoe Avenue and Canyon Boulevard.
(c) Within the special trash service zone and during a designated period, no owner of property required to be licensed by section 10-3-2, "Rental License Required Prior to Occupancy and License Exemptions," B.R.C. 1981, shall fail to maintain in effect a current and valid contract with a commercial trash hauler providing for the removal of accumulated trash from the property, which contract provides for trash hauling:
(1) The hauler will check the regular trash containers for the property every day, excluding Sundays and holidays.
(2) Any trash container which is full Monday through Friday will be emptied by the hauler. On Saturdays, containers will be emptied if more than half full.
(3) Any trash which is on the ground or otherwise near the container is picked up by the hauler.
(d) Compliance with this section shall constitute an affirmative defense to a charge of violation of paragraph 6-3-3(a)(1) or (a)(2) and/or subsection 6-3-5(a), B.R.C. 1981, concerning the storage of trash.
(e) It shall be an affirmative defense to a charge of violation of this section that trash hauling service meeting the requirements of this section was not commercially available. This defense shall not apply if the asserted unavailability was due to refusal by a commercial hauler to provide such services based on legitimate business reasons concerning the property owner, including, without limitation, being in arrears on payments or refusing to sign a commercially reasonable contract.
Ordinance Nos. 7078 (2000); 7273 (2003); 7585 (2008)
6-3-10 Hazardous Waste Disposal.
No person exempt from regulation of hazardous waste disposal under state law13 shall bury any hazardous waste (as defined by state law14) upon property in the city or owned by the city.
6-3-11 City Manager Authorized to Issue Rules.
The city manager may adopt rules and regulations that the manager determines are reasonably necessary to implement the requirements of this chapter.
11 Adopted by Ordinance No. 4686. Amended by Ordinance No. 7145. Derived from Ordinance No. 3015.
12 See Section 5-4-13, "Littering," B.R.C. 1981, for additional provisions relating to litter and littering.
13 25-15-101(3), C.R.S.
14 25-15-101(6), C.R.S.